BILL NUMBER: AB 1131 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Lara
FEBRUARY 18, 2011
An act to amend Section 14666.8 of the Government Code, relating
to telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
AB 1131, as amended, Lara. Telecommunications: location of mobile
telephony service facilities on state-owned real property: reporting
requirements.
Existing law requires the Director of General Services to compile
and maintain an inventory of state-owned real property, excluding
certain property, that may be available for lease to providers of
wireless telecommunications services for location of wireless
telecommunications facilities, and to provide a requesting party,
upon payment of any applicable fee, with a copy of the inventory.
Existing law also authorizes the director to negotiate and enter into
an agreement to lease department-managed and state-owned real
property to a provider of wireless telecommunications services for
location of its facilities.
Existing law creates the Digital Divide Account within the
California Teleconnect Fund Administrative Committee Fund in the
State Treasury. Existing law requires that 15% of the revenues from
fees collected from the lease of state-owned real property to the
providers of wireless telecommunication services pursuant to the
above-described provisions, except for revenues from fees collected
from a lease agreement for access to Department of Transportation
property or a lease agreement existing prior to January 1, 2004, be
deposited in the Digital Divide Account, to be available, upon
appropriation by the Legislature, to finance digital divide projects
through the Digital Divide Grant Program.
This bill would require the director to submit to the Legislature,
by March January 31, 3012, a report on
actions taken by the director regarding the above provisions
. The bill would require the report to include
recommendations on how the above provisions can be improved to better
effectuate its purposes, including the number of
wireless facility lease agreements entered into with
providers of wireless telecommunications services and all moneys
deposited into the Digital Divide Account.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14666.8 of the Government Code is amended to
read:
14666.8. (a) The director shall compile and maintain an inventory
of state-owned real property that may be available for lease to
providers of wireless telecommunications services for location of
wireless telecommunications facilities. This inventory shall be the
state's sole inventory of state-owned real property available for
this purpose. The term "state-owned real property," as used in this
section, excludes property owned or managed by the Department of
Transportation and property subject to Section 7901 of the Public
Utilities Code.
(b) The director shall provide, in a cost-effective manner, upon
payment of any applicable fee, a requesting party a copy of the
inventory.
(c) On behalf of the state, the director may negotiate and enter
into an agreement to lease department-managed and state-owned real
property to any provider of wireless telecommunications services for
location of its facilities. A lease for this purpose shall do all of
the following:
(1) Provide for fair market value to be paid by the provider of
wireless telecommunications service to the state to the extent
permitted under existing state law.
(2) Designate a lease term that is acceptable to the director and
the state agency that has control over the property. The duration of
the initial lease term for any wireless facility may
shall not exceed 10 years, and the lease may
provide for a negotiated number of renewal terms, not to exceed five
years for each term.
(3) Provide for the use of the wireless provider's facilities
located on the state-owned real property by any appropriate state
agency if technically, legally, aesthetically, and economically
feasible.
(4) Facilitate, to the greatest extent possible, agreements among
providers of wireless telecommunications services for colocation of
their facilities on state-owned real property. If an application
for a proposed wireless facility lease agreement is rejected by a
state agency that has control over the property, the director shall
identify an alternative site that will provide reasonable access and
accommodation that will meet the needs of the applicant. If a
wireless facility lease agreement is rejected, the state agency shall
notify the director and provide a reasonable explanation for the
denial. The director shall collaborate with the state agency to
resolve any issues that resulted in the state agency rejecting the
proposed wireless facility lease agreement. The director shall
encourage the state agency to identify maximum opportunities for
placement of wireless facilities on state-owned property.
(5) Not require, as a prerequisite of a wireless facility lease
agreement, that local permits are in place prior to negotiating a
lease agreement with the state.
(d) (1) No later than March January
31, 2012, the director shall submit a report to the Legislature on
the status of actions taken by the director pursuant to this
section. The report shall include, but not be limited to,
recommendations on how the provisions of this section can be improved
to better effectuate its purposes. section, including
the number of wireless facility lease agreements for, and
the revenue generated from, state-owned real property that have been
entered into with providers of wireless telecommunications services
pursuant to this section and all moneys deposited into the Digital
Divide Account pursuant to Section 280.5 of the Public Utilities
Code.
(2) The requirement for submitting a report imposed under
pursuant to this subdivision is inoperative on
March 31, 2017, pursuant to Section 10231.5.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795.
(e) Nothing in this section alters This
section does not alter any existing rights of telegraph or
telephone corporations pursuant to Section 7901 of the Public
Utilities Code.
(f) Notwithstanding any other provision of law,
any revenue collected from a lease entered into pursuant to this
section to use property that was acquired with money from a fund
other than the General Fund shall be deposited into the fund from
which the money was obtained. Money received and deposited into a
fund pursuant to this section shall be available upon appropriation
by the Legislature, notwithstanding any other provision of
law.
(g) Before making any state-owned real property that is part of
the State Water Resources Development System, as described in Section
12931 of the Water Code, available for leasing under this section,
the director shall consult with the Department of Water Resources as
to whether the proposed location of a wireless telecommunication
facility is technically, legally, environmentally, and economically
feasible for wireless telecommunication purposes.